Gallant v Minister of Defence and Military Veterans and Others (63900/2019) [2023] ZAGPPHC 1978 (24 November 2023)
Court
North Gauteng High Court, Pretoria
Case number
63900/2019
Judge
Holland-Muter
The High Court dismissed a challenge to a disputed ten-year defence contract, holding it was unauthorised and that the applicant should have pursued review proceedings.
Mawonga and Another v Walter Sisulu Local Municipality and Others (633/2019) [2018] ZAECGHC 142; [2019] 2 BLLR 196 (ECG); (2019) 40 ILJ 974 (ECG) (8 November 2018)
Court
Eastern Cape High Court, Grahamstown
Case number
633/2019
Judge
M J Lowe
The High Court has jurisdiction to adjudicate legality reviews concerning municipal manager appointments, as the applicant's claim was based on allegations of unlawfulness and procedural defects, not unfair dismissal under the Labour Relations Act. The renewal of the applicant's contract as municipal manager in July 2017 was subject to Section 54A of the Municipal Systems Act, which mandates a competitive appointment process, including national advertisement of the post. The saving provision in Section 16 of the Municipal Systems Amendment Act does not protect subsequent renewals or extension…
Xuma v Engcobo Local Municipality and Others (383/2017) [2017] ZAECMHC 35 (8 August 2017)
Court
Eastern Cape High Court, Mthatha
Case number
383/2017
Judge
SM Jolwana
The court found that the renewal of the contracts for the municipal manager, chief financial officer, and corporate services manager did not comply with the mandatory requirements of section 54A and section 56 of the Municipal Systems Act, as well as regulations 9 and 10. The council failed to advertise the posts, ensure prescribed qualifications, and report the process and outcome to the MEC and Minister. The reliance on section 57(6)(c) was misplaced, as it does not override the compliance obligations of section 54A. The council also failed to obtain a report and recommendation from the exe…
Gauteng MEC for Health v 3P Consulting (Pty) Ltd (199/10) [2010] ZASCA 156; 2012 (2) SA 542 (SCA) (1 December 2010)
Court
Supreme Court of Appeal
Case number
199/10
Judges
Heher, Van Heerden, Mhlantla, Tshiqi, Bertelsmann
The Supreme Court of Appeal held that both the original and renewed services agreements were valid. The Department's procurement decision-making body, the DAC, was fully aware of and approved the contract's effective four-year term, and the agreement was properly executed by the authorized official. The renewal for three years was negotiated and approved in accordance with the agreement's terms, and the increases in contract value were justified. There was no requirement for a new competitive bidding process as the renewal did not constitute a new procurement. The Department failed to raise v…
3P Consulting (Pty) Limited v Gauteng MEC for Health (32100/2009) [2009] ZAGPJHC 128 (10 December 2009)
Court
South Gauteng High Court, Johannesburg
Case number
32100/2009
Judge
Lamont
The court held that a health department services agreement was validly renewed for three years and ordered the respondent to implement it and pay costs.
